Approval must be indorsed on bond. Bond not to be filed before approval. Condition of bond. Justification of sureties. Sureties for less than the penal sum. indorsed thereon and signed by the officer approving the same. SEC. 953. No officer with whom any official bond is required to be filed must file such bond until approved. SEC. 954. The condition of an official bond must be that the principal will well, truly, and faithfully perform all official duties then required of him by law, and also all such additional duties as may be imposed on him by any law of the State of California. Such bond must be signed by the principal and at least two sureties. SEC. 955. The officer whose duty it is to approve official bonds required of State, county, or township officers, must not accept or approve any such bond unless each of the sureties severally justify, before an officer authorized to administer oaths, as follows: 1. On a bond given by a State officer-that such surety is a resident and freeholder or householder within this State; and on a bond given by a county or township officer-that such surety is a resident and freeholder or householder within such county or within an adjoining county; 2. That such surety is worth the amount for which he becomes surety over and above all his debts and liabilities in unincumbered property situated within this State, exclusive of property exempt from execution and forced sale. Stats. 1857, p. 167, Sec. 1. SEC. 956. When the penal sum of any bond required to be given amounts to more than one thousand dollars, the sureties may become severally liable for portions of not less than five hundred dollars thereof, making in the aggregate at least two sureties for the whole penal sum. And if any such bond becomes forfeited, an action may be brought thereon against all or any number of the obligors, and judgment entered against them, either jointly or severally, as they may be liable. The judgment, must not be entered against a surety severally bound for a greater sum than that for which he is specifically liable by the terms of the bond. Each surety is liable to contri- official SEC. 957. Every officer with whom official bonds are Custody of filed must carefully keep and preserve the same, and give bonds. certified copies thereof to any person demanding the same upon being paid the same fees as are allowed by law for certified copies of papers in other cases. bonds. SEC. 958. All official bonds must be in form joint and Form of several, and made payable to the State of California in such penalty and with such conditions as required by this Chapter or the law creating or regulating the duties of the office. Stats. 1850, p. 74, Sec. 6-modified. tion of SEC. 959. Every official bond executed by any officer Construcpursuant to law is in force and obligatory upon the prin- bonds. cipal and sureties therein for any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office. Stats. 1850, p. 75, Sec. 7. SEC. 960. Every such bond is in force and obligatory Same. upon the principal and sureties therein for the faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the execution of such bond, and such condition must be expressed therein. Stats. 1850, p. 75, Sec. 8. bonds. SEC. 961. Every official bond executed by any officer Suits on pursuant to law is in force and obligatory upon the principal and sureties therein to and for the State of California and to and for the use and benefit of all persons who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity; and any person so injured or aggrieved may bring suit on such bond, in his own name, without an assignment thereof. Stats. 1850, p. 75, Sec. 9. Suits on bonds. Defects in form. approval, filing, etc., not to vitiate. Insufficiency of sureties. SEC. 962. No such bond is void on the first recovery of a judgment thereon, but suit may be afterwards brought, from time to time, and judgment recovered thereon by the State of California, or by any person to whom a right of action has accrued against such officer and his sureties, until the whole penalty of the bond is exhausted. Stats. 1850, p. 75, Sec. 10. SEC. 963. Whenever an official bond does not contain the substantial matter or conditions required by law, or there are any defects in the approval or filing thereof, it is not void so as to discharge such officer and his sureties, but they are equitably bound to the State or party interested, and the State or such party may, by action in any Court of competent jurisdiction, suggest the defect in the bond, approval, or filing, and recover the proper and equitable demand or damages from such officer and the persons who intended to become and were included as sureties in such bond. Stats. 1850, p. 75, Sec. 11. SEC. 964. Whenever it is shown by the affidavit of a credible witness, or otherwise comes to the knowledge of the Judge, Court, Board, officer, or other person whose duty it is to approve the official bond of any officer, that the sureties or any one of them have, since such bond was approved, died, removed from the State, become insolvent, or from any other cause have become incompetent or insufficient sureties on such bond, the Judge, Court, Board, officer, or other person may issue a citation to such officer, requiring him, on a day therein named, not less than three nor more than ten days after date, to appear and show cause why such office should not be vacated, which citation must be served and return thereof made as in other cases. If the officer fails to appear and show good cause why such office should not be vacated on the day named, or fails to give ample additional security, the Judge, Court, Board, officer, or other person must make an order vacating the office, and the same must be filled as provided by law. Stats. 1853, p. 223, Sec. 1. additional SEC. 965. The additional bond must be in such penalty Form of as directed by the Court, Judge, Board, officer, or other bond. person, and in all other respects similar to the original bond, and approved by and filed with the same officer as required in case of the approval and filing of the original bond. Every such additional bond so filed and approved is of like force and obligation upon the principal and sureties therein from the time of its execution, and subjects the officer and his sureties to the same liabilities, suits, and actions as are prescribed respecting the original bonds of officers. Stats. 1850, p. 74, Sec. 18. SEC. 966. In no case is the original bond discharged or affected when an additional bond has been given, but the same remains of like force and obligation as if such additional bond had not been given. SEC. 967. The officer and his sureties are liable to any party injured by the breach of any condition of an official bond, after the execution of the additional bond, upon either or both bonds, and such party may bring his action upon either bond, or he may bring separate actions on the bonds respectively, and he may allege the same cause of action, and recover judgment therefor in each suit. SEC. 968. If separate judgments are recovered on the bonds by such party for the same cause of action, he is entitled to have execution issued on such judgments respectively; but he must only collect, by execution or otherwise, the amount actually adjudged to him on the same causes of action in one of the suits, together with the costs of both suits. Force of bond. original Liability of sureties. officers and Separate judgments on bonds. tion SEC. 969. Whenever the sureties on either bond have Contribubeen compelled to pay any sum of money on account of between the principal obligor therein, they are entitled to recover sureties. Discharge of sureties. Persons appointed to fill vacancies, bonds of. Release of sureties. Same. Same. in any Court of competent jurisdiction of the sureties on the remaining bond a distributive part of the sum thus paid, in the proportion which the penalties of such bonds bear one to the other and to the sums thus paid, respectively. SEC. 970. Whenever any sureties on the official bond of any officer wish to be discharged from their liability, they and such officer may procure the same to be done if such officer will file a new bond with sufficient sureties in like form, penalty, and conditions, and to be approved and filed as the original bond. Upon the filing and approval of the new bond such first sureties are exonerated from all further liability; but their bond remains in full force as to all liabilities incurred previous to the approval of such new bond. The liability of the sureties in such new bond is in all respects the same, and may be enforced in like manner as the liability of the sureties in the original bond. SEC. 971. Any person appointed to fill a vacancy before entering upon the duties of the office must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein before provided. SEC. 972. Any surety on the official bond of a city, town, county, or State officer, may be relieved from liabilities thereon afterwards accruing by complying with the provisions of the three sections following. SEC. 973. Such surety must file with the Judge, Court, Board, officer, or other person authorized by law to approve such official bond a statement in writing setting forth the desire of the surety to be relieved from all liabilities thereon afterwards arising, and the reasons therefor, which statement must be subscribed and verified by the affidavit of the party filing the same. SEC. 974. A copy of the statement must be served on the officer named in such official bond, and due return or affidavit of service made thereof as in other cases. |